Hiring a Divorce Lawyer #divorce #lawyer #in #richmond #va

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Hiring a Divorce Lawyer

If you decide to hire a lawyer to help with your divorce, it is important to choose one who is a good fit for you and your situation. There are several reasons why you might not fit well with a particular lawyer. Some potential clients are clear from the start that they want a lawyer who is of the same gender they are. Others reject a lawyer who seems too aggressive, opting instead for a more soothing or parental type. For some, aggressiveness is a prized trait. Price can also be a consideration; when there are lawyers available for $150 an hour, many people steer clear of those charging twice that much.

TIP: Getting a court-ordered loan

If you don t have the money to hire a lawyer and your spouse has far greater financial resources than you do, a judge may order your spouse to advance funds to enable you to hire an attorney. Knowing this, some lawyers will charge only a minimal retainer to file the first appearance paper in your case normally known as a complaint or petition and then prepare a motion requesting you be advanced fees by your spouse to compensate your lawyer. The supporting papers will tell the judge that without such an order, you won t be able to afford legal representation. If the judge orders fees, the lawyer will continue to represent you. However, the lawyer is likely to bow out without such an order and no clear promise of payment.

Types of Lawyers

Finding a lawyer who is a good fit can be challenging. It s not that there aren t fine, sensitive, and ethical divorce lawyers nearby who would be happy to represent you; there are lawyers that meet that description almost everywhere. But there are also many who aren t strong in their knowledge of the law, don t care much about your personal needs, or charge too much for what they do. And there are more than a few who are deficient in all those respects.

So clearly, one key task is to get a short list of high quality local divorce lawyers who charge within your price range. And another is to be attuned to what may be less obvious: the type or combination of types of divorce lawyer for which you search.

Here are some types that I have identified over the years.

The Bomber

The Bomber may regale you with stories about how he or she demolished the other side in a recent trial as in: I had the husband so confused on the stand that the judge finally had to jump in and call a recess. A Bomber will shun mediation and collaborative law. In this lawyer s view, the only time to talk about settlement is after the other side has been decimated and is pleading for mercy.

The Gender Specialist

There are some lawyers who advertise that they only represent clients of one gender. Their pitch is that the court assigned to hear your case discriminates against whichever gender they specialize in and that you need a lawyer who knows how to deal with that. They may go on and on about how wives always try to turn the kids against their husbands or husbands always have some money squirreled away somewhere. In reality, the best lawyers usually represent as many men as they do women. Gender Specialists have a fairly harmless gimmick, but one that doesn t usually ring true and if practiced too zealously, may actually alienate a judge.

The Lawyer Who Suffered From Ego Inflation

A recent article in a legal newspaper quoted a Los Angeles lawyer as saying that when he goes into a divorce trial, he has a specific plan for exactly how he is going to present the evidence and argument. He complained, however, that too many judges interrupt him in mid-presentations, asking questions and suggesting solutions. Sometimes, he said, they lecture him or the parties about concerns they have about how the well-being of the children is not being appropriately considered.

What the lawyer didn t seem to understand is the fact that in a divorce trial, the ultimate decision is in the judge s hands alone. If the judge believes the attorney is going on with irrelevancies and not dealing with important issues, it is the judge s duty to inquire and to ask for evidence on issues he or she feels are crucial.

A lawyer s game plan may be beautifully drawn, but it is useless if it doesn t cover the issues that concern the judge.

The Settler

Most family lawyers know that more than 90% of the cases they handle settle before trial. But some lawyers don t want to tell a prospective client this at the start because they think the client may fear the lawyer will sell them out cheaply to avoid a trial. The Settler will tell the client that he or she will fight to get all of the important financial facts on the table in the early stages of the case, but once that is done, those involved can almost always work out a good settlement that will avoid a trial.

The High-Priced Star

There are a few lawyers in most communities who have reputations as the top divorce lawyers in the area. They usually have beautiful offices, large staffs of assistants, and expensive cars some with chauffeurs. Most charge between $300 and $500 an hour for their services, and they rarely finish a case for less than $20,000. In my experience, most of these lawyers have earned reputations for their skills, but in the final analysis are not significantly more skilled than many other good lawyers who are much less expensive.

The General Practice Lawyer

This lawyer doesn t specialize in family law, but may well be competent to handle uncomplicated family law matters. Some general practitioners will assure you that a specialist isn t necessary. However, if you have decided to hire a lawyer, it is usually preferable to find one who specializes in family law. Appellate courts frequently make changes in the fine points of family law and a generalist can’t be expected to stay current on these matters. If you live in a small community where there is no lawyer who specializes in family law, consider checking out a specialist in a larger neighboring area to take your case.

Talk to a Divorce attorney.


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Stephens and Brown – Athens Law Firm – Athens, GA #athens #lawfirm, #athens #law #firm,

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Criminal Defense

Family Law Divorce

Personal Injury

A Boutique Athens Law Firm, Providing Professional Advice and a Powerful Defense to Individuals and Families in Georgia

Defense attorneys Kim T. Stephens and Michael S. Brown represent individuals with criminal. DUI. and family law cases, including divorce. in Athens and throughout the state of Georgia. The lawyers at Stephens and Brown have a winning reputation representing clients in front of judges in federal, state, and local courts. Criminal cases and family disputes can have a profound effect on your personal, professional and financial well-being, so it’s important to seek the help of a law firm that will aggressively fight for the justice you deserve.

Representation For Your Unique Needs

When you come to the law offices of Kim T. Stephens and Michael S. Brown. you receive the benefit of the firm’s:

  • Experienced counsel: Athens defense attorneys Stephens and Brown have more than 45 years of combined experience practicing law and have established an outstanding reputation for winning challenging and complicated cases, giving them the necessary knowledge to understand the nuances of your case and provide you with a powerful defense.
  • Defense philosophy: Stephens and Brown aggressively advocate for every client, thoroughly investigating, and utilizing their expertise in the legal field to achieve the best possible outcome for each individual.
  • Focused services: No two cases are alike and that is why Stephens and Brown pay attention to the unique needs and circumstances of each client.

Handling a Range of Cases

Stephens and Brown represent individuals needing assistance in the following areas:

  • Criminal defense: Athens defense lawyer Kim T. Stephens is an award winning criminal defense attorney with extensive experience representing clients charged with a range of misdemeanor and felony crimes, including DUI. assault. robbery. fraud , theft. embezzlement. drug offenses. domestic violence. sex crimes. and murder. Kim T. Stephens defends individuals charged in federal court as well as superior and state courts, and he has been recognized by numerous legal organizations for his skills as a litigator.
  • DUI defense: Kim T. Stephens has a winning reputation when it comes to DUI defense, and he aggressively fights to get the best possible outcome for each client. A DUI conviction can cost thousands of dollars in fines, result in higher insurance rates, license suspension, and can even jeopardize client s academic and professional careers. Athens DUI lawyer Kim T. Stephens will fight to protect your future.
  • Family law: This is a broad area of the law that includes divorce, child custody, child support, spousal support and protective orders. In addition to assisting clients with their original cases, family law attorney Michael Brown also represents clients who need to modify existing family law agreements, such as support amounts and custody provisions .
  • High-asset divorce: With a high profile background in investment fund management and securities regulations, attorney Michael Brown is uniquely qualified to help clients with divorce cases involving extensive assets, properties, significant retirement accounts, and investments. These high-asset divorce cases are often more complicated and require a thorough examination of the financial records on both sides. Family law attorney Brown thoroughly investigates each case and aggressively advocates for his client s rights.

Contact an Accomplished Team of Attorneys in Athens, GA today

For professional advice and a powerful defense, call the offices of Kim T. Stephens and Michael S. Brown at 706-548-3933 or contact them online to schedule a free consultation.


Phoenix Family Law Attorney #divorce #attorney #phoenix, #divorce #lawyer #phoenix, #divorce #attorney #arizona, #divorce #lawyer

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CALL NOW 602-256-7575 OR TOLL FREE AT 855-720-7575

WE OFFER A FREE INITIAL CONSULTATION.

CALL NOW TO SEE HOW WE CAN HELP.

Phoenix Divorce and Family Law Attorneys

Any legal matter that involves you and your family is important. Because no two families are alike, you need a lawyer who will take the time to get to know you, who will represent you from start to finish, and who will fight for you and what is important to you. At the R. J. Peters & Associates law firm in Phoenix, Arizona, you will find family law attorneys who are always on your side.

Arizona Divorce and Family Law Attorneys We Take Sides

Call Now for a Free Consultation 602-256-7575 Contact Us

When you come to our law firm for a free half-hour consultation, we are committed to providing you a good understanding of what to expect throughout your legal matter before you leave the office. If you are getting a divorce, for example, we generally will have six items to discuss with you: Your children (custody/parenting time), child support, property division, debt division, spousal maintenance (alimony) and attorney fees. We also will describe for you the legal process that you are about to go through.

When you leave after your first visit, we want you to have the information you need to make a decision about how to proceed with your case, and further to know whether we are the advocate you want on your side as you go forward.

We take sides at the R. J. Peters Associates law firm. This is an important concept that we do not take lightly. Settlement of the difficult issues which arise in family law matters is always an important effort, but not always possible. We focus on fighting for our clients whether in settlement efforts or in litigation. Our only business is family law. From our office located near downtown Phoenix, we represent clients in Maricopa County and throughout Arizona. If you need an aggressive advocate, on your side, and not in the middle, please see us.


Philadelphia, PA Transvaginal Mesh Lawyers #transvaginal #mesh #lawyer

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Philadelphia, PA Transvaginal Mesh Lawyers

The government has issued a warning about the use of transvaginal surgical meshes to treat pelvic organ prolapse and urinary leakage, noting that thousands of women have reported serious complications including organ perforation, pain, bleeding, infection, and urinary incontinence.

In some cases the mesh — also called a bladder sling, pelvic sling or pelvic support — has eroded or shrunk after being inserted, necessitating additional surgeries. As a result, tens of thousands of lawsuits have been filed against the manufacturers of the urogynecological mesh products, including Ethicon Inc. a New Jersey subsidiary of Johnson Johnson, which on June 4, 2012 said it would halt sales of most of its mesh products.

If you or a loved one suffered a severe or catastrophic injury as a result of a transvaginal mesh procedure, you should contact a transvaginal mesh attorney for a free evaluation of your case.

Kline Specter, PC, with more than 35 attorneys, several of whom are also highly experienced doctors, including two OB/GYNs, is representing thousands of women from across the United States in their claims against the manufacturers of transvaginal mesh products. The law firm has the expertise to litigate transvaginal surgical mesh injury lawsuits.

Lee Balefsky. head of Kline Specter’s Mass Tort Department, is a member of the Plaintiffs’ Steering Committee involved in all transvaginal mesh lawsuits nationwide. The firm, led by Balefsky, is playing an important role in the litigation nationally by taking depositions of the manufacturers’ key employees in the case.

The U.S. Food and Drug Administration (FDA) in July 2011 issued its second notification in three years to doctors and patients warning about the problems with surgical mesh products. It said that “serious complications associated with surgical mesh for transvaginal repair of POP (pelvic organ prolapse) are not rare ” (FDA emphasis).

And that the problem was increasing dramatically: The agency received more than 1,000 reports of adverse events involving the mesh to treat POP and stress urinary incontinence (SUI) from 2005 – 2007 but almost triple that number in the following three years.

This has occurred as the urogynecologic surgical procedure using the mesh has also become increasingly popular. Doctors performed more than 100,000 of the operations in 2010, with about 75 percent performed transvaginally.

Unlike prescription drugs, which must be proven safe and effective before being sold, most medical devices face no such requirement.

Pelvic organ prolapse affects many women as they age, with the FDA estimating 30 to 50 percent of all women may experience POP during their lifetimes, with 2 percent developing symptoms such as urinary leaking during physical activity. POP occurs when the tissue holding the uterus, bladder, bowel and rectum become stretched or weak and the organs fall down or slip out of place. The mesh is used as a sort of cradle or nest to hold up a patient’s insides.

But over time, erosion or contraction of the mesh – described as being made of a material similar to that of Rubbermaid storage containers — has led to complications, with symptoms including bleeding, severe pelvic pain, painful sexual intercourse and urinary problems.

If you think you may have a claim, please call our transvaginal mesh attorneys at 800-243-1100.

News


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PAULOZZI LPA – Personal Injury Lawyer Cleveland OH #personal #injury,lawyer,cleveland,top #rated,accident #attorney,best #reviews

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Personal Injury Joseph Paulozzi + 2011-04-19T15:14:27+00:00

Personal Injury Law is Our Expertise

Injured victims of negligence deserve to be compensated to the fullest extent possible under the law. Our law firm understands the different sources of recovery available to accident and injury victims and their families. We are experienced in asserting various theories of liability under the law to build well documented cases on behalf of our clients. We have proudly represented auto accident, nursing home, dog attack and wrongful death victims for over 25 years.

Martin, Medina, Ohio

Initiating a Personal Injury Insurance Claim
Attorney Joe Paulozzi

Should I Give the Claim Adjuster a Recorded Statement?

Accidents and resulting injuries cause a great degree of stress and anxiety and raise numerous questions and concerns. Keeping medical appointments, paying bills, and coping with employers during this time while one is injured is usually difficult, if not overwhelming. Insurance adjusters commonly attempt to secure recorded statements from claimants at this time in the midst of this confusion, even though they are not legally entitled to one. Usually these statements are designed to minimize the size of the settlement that the insurance company will eventually have to pay, or even deny the claim outright. Do not agree to give a recorded statement at this time regardless how persuasive or demanding an insurance investigator or adjuster may be.

Should I Settle My Claim Right After the Accident?

A personal injury claim should never be settled right after an accident regardless what an insurance company tells you. At this early stage, you do not have near enough information as to the exact nature of your injuries and what medical treatment you may still need. Other issues such as lost wages and future disability also need to considered. It is only after your injury treatment is complete and your claim is properly documented can settlement negotiations be commenced. Do not sign any binding documents at this time without first consulting with an attorney experienced in personal injury law. Even if you choose to represent yourself with regard to your claim, seek legal counsel first for some good advice and guidance.

You Get Medical Treatment, While We Build Your Case

After we are retained, we will immediately begin collecting evidence pertinent to your claim and hire investigators and liability experts as needed to prove our theory of liability. Your focus will remain solely on getting appropriate medical care. After you are released from your medical treatment, we will consult with all of your health care providers and often utilize medical experts to properly document all of your injuries. We will then demand fair compensation from the insurance company for all of your damages past, present, and future.

Call Us for a Free Consultation. Evening Appointments Available.

You need to feel confident in selecting an attorney who is right for you. We will talk with you and listen to your concerns, and relieve some of the uncertainty and stress you are under. Our free consultation is an opportunity for you to discuss your injury case with us and obtain solid information and advice. We will inform you of your rights and advise you what is the best course of action relative to your claim, even if you decide to not retain our services. It is important that you contact an injury attorney as soon as possible to prevent evidence being lost, witnesses disappearing, and deadlines for filing lawsuits expiring. Contact us today so we may answer your questions.


COMPLIMENTARY ONE HOUR CONSULT
EVENINGS, WEEKENDS HOUSE CALLS
IF NO RECOVERY, NO FEE OR EXPENSES


Texas Personal Injury Lawyer – board certified – personal injury trial law – medical malpractice

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Welcome to the Personal Injury website of

Sarnie Randle has been an attorney since 1975 and board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1984. He is highly regarded as a competent trial lawyer with over 30 years experience representing injured victims in personal injury claims. Many of them have had auto accidents, truck accidents or motorcycle accidents, as well as injuries from pedestrian accidents, premises liabilities, products liabilities, slip-n-falls, breach of contract, deceptive trade practices, construction accidents, medical malpractice, nursing home abuse\negligence, and wrongful death cases. Sarnie Randle is committed to fighting for the rights of individuals, and their families, who have suffered injuries and wrongful deaths due to the negligent conduct of others. Attorney Randle will handle the insurance adjusters and work hard to obtain the maximum for your injury.

Personal injury law is complex and negligence can be difficult to prove. Only an experienced personal injury attorney can effectively establish and present the facts of your case to ensure that you receive fair compensation. If you have been hurt because of another person or company’s negligence, you may be entitled to recover damages from those responsible. Sarnie Randle will thoroughly analyze your case and offer advice as to your best legal options. Whether he is working with you to reach a fair and equitable settlement, or is aggressively pursuing litigation, he acts in your best interest.

Because of the Statute of Limitations, it is important that you act quickly or you may permanently lose your right to file a claim. The sooner you call attorney Randle, the sooner he can go to work on your behalf. Remember, time is on the side of the insurance companies. The longer you wait, the weaker your personal injury case becomes. Witnesses forget or move, physical evidence is removed, and claims filing deadlines run out. You need to act now.

(713) 626-8600

The call is FREE and so is your initial consultation. In fact, YOU PAY US NOTHING unless we make a recovery for you. Our fee is contingent on securing a verdict or settlement for you.


Personal Injury Lawyers NV – AZ #las #vegas #lawyer, #attorney #nevada, #reno #personal #injury, #phoenix

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Top Personal Injury Law Firm:

You don’t pay until we get you your settlement!

Have you been injured because of someone else’s negligence or even deliberate harm? Are you a victim of a car crash. a slip and fall accident. were you hurt by a defective product. Or have you suffered because of negative side effects from prescription medication.

Don’t wait while medical bills. missed work. loss of income. and pain and suffering last another day. You may be entitled to receive compensation for these costs and perhaps even damages to pay for your pain and suffering and for your recovery down the road.

Don’t let insurance companies or manufacturers strong-arm you and tell you what you deserve! They are committed to paying you nothing!

Our lawyers at Glen Lerner and Associates will not rest until your case is settled. In fact, we have recovered over $400 million total for our clients – and counting!

Let us maximize your settlement and get you the payment you deserve!

Call (702) 877-1500 and mention Coupon: Glen Lerner 101 to get your free consultation!

We will get to working on your case immediately and all of our clients meet with their own, dedicated attorney!

Remember, you don’t pay until we resolve your case!

Serving Nevada and Arizona

Glen Lerner and Associates is the single largest and the first personal injury law firm in Las Vegas.

The Specialties and Expertise We Deliver for You

Glen Lerner and Associates is comprised of only the best and brightest in the personal injury field!

Our educated, knowledgeable, and experienced attorneys will aggressively advocate for you. We specialize in:

  • Auto Accidents
  • Falling Accidents
  • Defective and Recalled Products
  • Dangerous Prescription Drugs
  • And More!

If you have been victimized,
contact us today for your free consultation!


How to Find a Disability Lawyer, Attorney, or Representative for Social Security Benefits #lawyer #vs

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How to Find a Disability Lawyer, Attorney, or Representative for Social Security Benefits

Having the right help on a Social Security disability case can easily make the difference between winning and losing a claim for benefits, so deciding the issue of legal representation, and which legal representative will handle your SSD or SSI disability case, is no small matter.

Where Can I Find a Good Social Security Disability Lawyer?

Social Security disability representatives can be found in a variety of different listing sources. The Yellow Pages, the Internet, legal aid clinics, and the referral service operated by each state’s bar association are often used to locate qualified disability lawyers and attorneys. However, some of these services don’t guarantee that their lawyers are active members of their state’s bar in good standing.

Nolo, the premier plain-English legal website, offers a unique directory of disability lawyers that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer’s disability experience, education, and fees, and perhaps most importantly, the lawyer’s general philosophy of practicing law. Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, and provide you with a clear, fair, written fee agreement that spells out how they will handle your legal matter and how you will be charged.

On our site, part of the Nolo network, you can use our disability lawyer locator to quickly enter in the details of your disability claim and select several local disability lawyers to contact you.

How Should I Select the Best Disability Lawyer for Me?

How do you determine whether an attorney disability representative is especially suited to handle your Social Security disability or SSI disability case? Simple. Contact a representative’s office and ask questions. First and foremost, ask if the lawyer has experience in winning disability claims for your medical condition.

Typically, most lawyers who represent Social Security disability applicants are fairly busy, due to the large number of disability claims moving through the system. For this reason, many claimants share the common complaint of getting meager individualized attention from the attorney who represents them. Despite this reality, you can generally gauge the effectiveness of a potential representative through your initial contacts with their office. Is the representative accessible? Does the representative return your calls? Does the representative sound knowledgeable and experienced in Social Security disability and SSI claims? Also, because you don’t want your hearing scheduled any later than necessary, ask if there are certain days the lawyer’s not available for hearings and whether he or she is taking a significant amount of time off in the next year.

Disability Lawyers vs. Nonlawyer Representatives

Good representation at the initial application stage and first two levels of appeal can usually be obtained from an attorney or a nonattorney representative (many of whom are former disability examiners and Social Security claims reps). But for an appeal to the Appeals Council, you’ll definitely want to hire a lawyer. And since you’ll pay a lawyer and a nonlawyer representative the same amount, it can make sense to hire a disability lawyer from the start. For more information, see our article on hiring a disability lawyer vs. a nonlawyer representative .

Regardless of the type of disability advocate you choose, a qualified advocate can make the difference between not winning and winning a disability claim for monthly disability benefits and backpay.

Get the compensation you deserve.

Get the compensation you deserve.


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What is a Source Code Escrow, and when do I need one: Frost Brown Todd

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ALP: What is a Source Code Escrow, and when do I need one?

Most businesses, even smaller ones, have at least one software license agreement that is mission critical. A source code escrow is an arrangement that can provide protection to the business should the software provider go out of business or discontinue support and/or maintenance for the licensed software. Even though the dot com bubble has burst, it is still very common to find smaller and/or newly formed software companies with valuable and useful software for use in niche areas and otherwise.

Source code escrows can reduce or eliminate the risk of doing business with such a small or new company. Source code escrows are generally negotiated as a part of the initial software license agreement. They can also be entered into after the license agreement has been signed, but a licensee has much less leverage at that point to negotiate favorable terms.

Typically, a source code agreement is entered into among the software provider, the business licensee and an unrelated third party escrow agent. There are many more experienced software escrow agents available now than there were 10 years ago, and many banks will also provide this service.

Under the typical software license, a business only receives access to the object code for the software being licensed. When there is a source code escrow agreement in place, the source code to the software is provided to a third party escrow agent. The escrow agent is authorized to release the source code to the licensee upon the occurrence of certain triggering events.

The most heavily negotiated provisions in a source code escrow agreement are those relating to the events that trigger the release of the source code. These triggering events are negotiable but almost always include the bankruptcy of the software provider, the discontinuance of business by the provider and the joint written instructions of the provider and the licensee to a release of the code.

You should also consider the following events as possible triggers to a release:

  1. The laying off of substantially all of the employees of the provider, or substantially all of the employees that provide support, maintenance and/or development for the licensed software. This is often the first sign that a company is in trouble, and as a licensee, you want notice of this as soon as possible.
  2. The failure to provide maintenance and/or support in accordance with the provider’s agreements relating to the same.
  3. A change in control of the provider.
  4. A discontinuance of the type of software licensed by a business.
  5. The default of the provider under the software license agreement, after an opportunity to cure.

Other Typical Agreement Provisions

Source code escrow agreements are typically drafted so that there is little or no risk to the escrow agent. Under the agreement, if an event occurs that might trigger a source code release, the escrow agent will generally require written notice of the event from the licensee. Most agreements provide that the escrow agent give written notice to the software provider of the licensee’s allegation that a triggering event has occurred. The software provider then has the opportunity to dispute the allegation of the licensee, and this is generally played out through mandatory arbitration between the provider and licensee. In my experience, if the provider’s ship is truly sinking, the provider typically wants to try to take care of its licensees and will very often co-operate with the licensee and sign a joint agreement to release the code.

When released, unless the escrow agreement provides otherwise, the licensee obtains the right to continue to use the software as provided under the original license; provided, however, that the licensee also has the right to do its own maintenance, support, upgrades, etc. or hire a third party to do the same.

Tips for a Negotiating a Success Source Code Escrow Agreement

  1. Make sure the escrow agreement can survive the bankruptcy of a software provider, since that is one of the primary reasons a licensee would enter into a source code escrow agreement. In that regard, we recommend that the license granted through the escrow (i.e. allowing the licensee to use the source code to maintain, support and upgrade the software) be a current license, which is just not exercisable until there is a triggering event. The escrow agreement should also have the following language, which will give the licensee certain benefits under the federal bankruptcy laws:

The parties desire this Agreement to be supplementary to the [Software License Agreement] pursuant to 11 United States [Bankruptcy] Code, Section 365(n).

  • Think through the triggering events and make sure they fit well with the software provider you have chosen and that they reflect what might really happen. Don t just rely on the boilerplate triggering events in other agreements.
  • If the escrow agreement involves software development, in addition to a software license, a licensee should insist that deposits of the source code be made on a regular basis throughout the development, such as once a month or once every 60 days. Normally it would make sense to wait until the development is complete to require that the source code be deposited, but it is not unusual for a software company to fail half way into a development.
  • Make sure the escrow agent is experienced and reputable.
  • Make sure your escrow agreement is crystal clear about the rights of the licensee after the source code has been released. The licensee is still using the source code under a license, and in cases where the provider is defunct, the licensee generally wants to find a third party replacement for the provider. In my experience, the best place to look for assistance when the worst happens is with the former employees of the provider. They are usually anxious for work and are the most knowledgeable about the software, so it pays to keep in close contact with the employees of your provider.
  • A business can avoid a source code escrow by obtaining a source code license directly from the provider. This license must give the business the flexibility it needs to move forward should the provider go out of business. In most cases, providers are unwilling to grant source code licenses or they are cost prohibitive. However, I have been surprised in some cases, and try to remember to ask the question of my business clients when we are working on a software deal.

    Another possible approach is to obtain a security interest in the software to secure the obligations of the provider under the license agreement. I have yet to be able to achieve this, since most providers already have bank financing, and the bank has long ago perfected its security interest in the software.

    There are situations when the alternatives discussed above may work, but typically a source code agreement is the best means of minimizing risk for businesses in connection with their mission critical third party software.

    Attorneys


    California Advocates for Nursing Home Reform (CANHR) – Long Term Care Justice – Advocacy #board

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    New Developments

    • NPR Chronicles More Nursing Home Eviction Abuses
      As with California, other states are experiencing more nursing home eviction abuses fueled by the disparity between Medicare and Medicaid reimbursement rates. A recent NPR story looks at Maryland and Illinois. where inappropriate evictions and hospital dumping of residents are on the rise. An Illinois lawmaker has proposed a $250 daily fine against nursing homes that wrongfully refuse to readmit hospitalized residents. In California, the maximum daily fine is only $50 and the Department of Public Health is loathe to use it – prompting nursing homes to ignore resident bed hold laws.
      (posted May 30, 2017)
    • CANHR Joins Advocate Statement for Better Nursing Home Oversight
      In response to recent reports highlighting abuse and neglect in nursing homes across the U.S. as well as nursing home industry lobbyists calling for less accountability, CANHR, along with the Long Term Care Community Coalition, Center for Medicare Advocacy, and National Consumer Voice for Quality Long-Term Care, have issued a joint statement highlighting the abundant evidence that more – not less – accountability is needed to ensure the safety and dignity of vulnerable nursing home residents.
      Read the joint statement.
      (posted April 11, 2017)
    • Looking for something no longer here? View our New Developments archives

    Need a Speaker?

    If you would like to invite CANHR to a support group meeting, resource fair, or other event in your community, please complete a speaker request form online.
    Note: Due to limited number of staff, CANHR may not be able to accommodate all requests outside of the Bay Area and Greater Los Angeles Area.

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    Serving all counties in California.